Fresno is a major city in California’s Central Valley, known for its agricultural industry and proximity to national parks like Yosemite. It serves as a key cultural and economic hub for the region, with a diverse population and a growing economy.
The statute of limitations for personal injury claims in Fresno is typically two years from the date of the accident. This means that a person has two years to file a lawsuit seeking compensation for their injuries and damages. If you or a loved one has been injured due to someone else’s negligence or intentional actions, seek legal advice as soon as possible.
A skilled Fresno personal injury lawyer can guide you through the complex legal process and ensure that your rights are protected. In this article, we will discuss in detail the elements that a plaintiff must prove in order to have a successful personal injury claim.
The Elements of a Personal Injury Claim
1. Negligence
In a personal injury claim, the most common cause of action is negligence. This is when someone fails to exercise reasonable care, resulting in harm or injury to another person. To prove negligence, the plaintiff must establish four elements:
- Duty: Firstly, the plaintiff must show that the defendant owed them a duty of care. This means that the defendant had a legal obligation to act with reasonable care towards others.
- Breach: The next element is proving that the defendant breached their duty of care by failing to act with reasonable care.
- Causation: The plaintiff must also prove that the defendant’s breach of duty directly caused their injuries and damages.
- Damages: Finally, the plaintiff must provide evidence of their actual damages, such as medical bills, lost wages, and pain and suffering.
2. Intentional Torts
In some cases, a personal injury claim may be based on intentional torts. This refers to any deliberate act or omission that causes harm or injury to another person. Examples include assault, battery, false imprisonment, and intentional infliction of emotional distress.
To establish an intentional tort claim, the plaintiff must prove that:
- The defendant intended to cause harm;
- The defendant’s actions were not justified, and
- The plaintiff suffered damages as a result.
3. Strict Liability
In rare cases, a personal injury claim may be based on strict liability. This means that the defendant can be held liable for injuries and damages without proof of negligence or intent. The most common types of strict liability claims are product liability cases, where a defective product causes harm to the consumer.
To succeed in a strict liability claim, the plaintiff must prove:
- The defendant manufactured, distributed, or sold the product;
- The product was defective, and
- The defect caused the plaintiff’s injuries and damages.
Comparative Negligence
It’s important to note that California follows the doctrine of pure comparative negligence when it comes to personal injury cases. This means that if the plaintiff is found partially at fault for their injuries, their compensation amount will be reduced by their percentage of fault.
For example, if a jury determines that the plaintiff was 20% responsible for their injuries and the total damages were $100,000, the plaintiff’s compensation would be reduced by $20,000 (20% of $100,000), and they would receive $80,000.
Conclusion
Proving all the necessary elements in a personal injury claim can be complex and challenging. It requires strong evidence and legal expertise to navigate through the process successfully.
That’s why it’s crucial to seek help from an experienced personal injury lawyer in Fresno, California. A skilled attorney will gather evidence, negotiate with insurance companies, and fight for your rights to ensure that you receive fair compensation for your injuries and damages.
